Failure of Children Service Agencies is Epidemic

By Attorney David Engler

Private placement agencies if not monitored well by Children Service Boards can end in tragedy. In Trumbull County, Ohio there have been at least 5 murders of children who were either directly through foster placement or indirectly through custody orders placed with the abuser.

In Fairfield County, Ohio a 5 year old boy was made to stand out in the rain and cold as a punishment. The boy was taken by ambulance to ER after going into cardiac arrest. He has permanent neurological damage. A private agency working under the County made the placement. The agency did not inquire as to why the foster parents had been denied a license in Hamilton County, Ohio.

The failure of Children Protective Service agencies is an epidemic.

The New York Times reported earlier this year reported about the wide spread abuse in the City. I am quoting it in its near entirety.

The New York Times –

“Lawyers for 10 disabled children who were fraudulently adopted by a Queens woman more than 15 years ago and subjected to years of abuse have proposed a $68 million settlement in a civil rights lawsuit filed on their clients’ behalf, according to a confidential court filing.”

Matthew Ratajczak/Scripps Treasure Coast Newspapers,

“The proposal comes as a federal magistrate judge in Brooklyn appears to be trying to mediate a settlement to the suit, filed in 2009, which seeks damages from New York City and three contract adoption agencies that placed the children with the woman, Judith Leekin.

Serial Abuser for Foster Money

The case has been seen as one of the most disturbing child welfare fraud cases in the city in recent years. Ms. Leekin used four aliases to adopt the children, who had physical or developmental disabilities, including autism and retardation, and later moved them to Florida. The children were caged, restrained with plastic ties and handcuffs, beaten with sticks and hangers, and kept out of school, according to court papers. An 11th child disappeared while in Ms. Leekin’s care and is presumed dead.

The suit asks that the 10 plaintiffs, now mostly in their 20s, be compensated for their years of suffering as well as for the services and treatment they will need for the rest of their lives.

The letter was filed publicly in October, but was quickly sealed after the lawyer wrote that it “referred to confidential discussions between the parties.” The New York Times obtained the letter while it was publicly available.

Ms. Leekin, 66, was imprisoned after she was convicted of fraud in federal court in Manhattan and of abuse in a state court in Florida. Federal prosecutors have said that as part of her scheme, she collected $1.68 million in subsidies from the city that went to support a lavish lifestyle.

When the 10 children were removed from her care in 2007, none had completed elementary school; only three could read and only at a third-grade level; and about half were declared either “totally incapacitated” or “vulnerable adults,” according to a report by a former Columbia University social work professor retained by the plaintiffs to examine the cases.

The 10 have since lived in Florida in state programs or on their own, and at least one is homeless, according to court filings.

New York City and the three private agencies have denied liability in the case, claiming that Ms. Leekin was a sophisticated serial criminal whose scheme fooled various professionals and, given the capabilities and practices of the time, would not have been foreseen or detected.

The agencies are HeartShare Human Services of New York, SCO Family of Services and the now-closed St. Joseph Services for Children and Families.

The agencies’ lawyer, Robert S. Delmond, did not respond to messages seeking a comment on Thursday. Lawyers for the city and the plaintiffs declined to comment, citing the pending litigation.

In the now-sealed letter to Judge Go, Mr. Delmond described the $68 million demand as “a significant sum, which requires much consideration, thought, planning and involvement of corporate officers before they can reach a decision.” The agencies’ insurance carrier was reviewing the matter, he noted, and was “not prepared to make a settlement offer at this time.”

He requested more time to allow for further consultations with the insurer and meetings to discuss “possible settlement offers.”

It is unclear how the city and the private agencies might apportion any payout if a settlement is reached.

Jonathan S. Abady, a lawyer whose firm, Emery Celli Brinckerhoff & Abady, has handled suits against the city and private agencies in cases involving abused and neglected children, said “there does appear to be a uniform indemnification provision” in the contracts the city has with such agencies.

“But the city has the ultimate legal responsibility for the child,” said Mr. Abady, whose firm is not involved in the Leekin suit.

In August, Theodore Babbitt, a lawyer for the plaintiffs, asked Judge Go to move the case forward because of the “fragile, unstable and precarious” condition of the plaintiffs. “They are desperate for care that cannot be provided through the Florida state system,” he wrote.

He cited three of the male plaintiffs, who ranged in age from 19 to 24: one had been on a round-the-clock suicide watch after multiple attempts to take his own life. Another had fathered children out of wedlock and was homeless. A third had been arrested for domestic violence against his older brother. “He is angry and depressed and bottles it up inside until he violently explodes,” Mr. Babbitt wrote.”

ifference towards the sexual abuse of children by men in leadership positions does not seem to be isolated only in Happy Valley.